Disposed

Pravasini Dutta@Behera v. Jay Jagannath Dutta

Orissa HC6 Feb 2025TRP(C)/380/2017

Case brief

AI extract

What is this about?

Petitioner filed an application under Section 24 CPC for transfer of a family court proceeding from Jajpur to Bhadrak. The court noted the underlying case was dismissed for default due to non-appearance. Counsel requested withdrawal. The petition was disposed of with liberty to file a fresh one.

What did the court decide?

Transfer petition disposed of as withdrawn with liberty to file a fresh petition if cause of action arises.

Pravasini Dutta@Behera Vs Jay Jagannath Dutta — Civil Procedure and Limitation | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP (C) No.380 of 2017

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Pravasini Dutta @ Behera

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…. Petitioner

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Mr. Priya Ranjan Mishra, Advocate

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-versus-

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Jay Jagannath Dutta

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…. Opposite Party

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

06.02.2025

This matter is taken up through Hybrid Mode.

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This application has been filed by the learned counsel for the Petitioner under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Proceeding Case No.28 of 2017 from the Court of the learned Judge, Family Court, Jajpur to the Court of the learned Judge, Family Court, Bhadrak.

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This Court has adjourned this matter vide order dated 23.12.2024, enabling the Petitioner to furnish the status of Civil Proceeding Case No.38 of 2017, which stated to be pending in the Court of the learned Judge, Family Court, Jajpur.

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On the subsequent date of listing, i.e., on 23.12.2024, this Court has passed the following order:-

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“xxxx xxxx xxxx 5. In the meantime, Office is directed to call for a report urgently from the Court of Judge, Family Court, Jajpur as to the present status of C.P. No.38 of 2017.”

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Page 1 of 2

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The Office note shows that the status report in C.P. No.38 of 2017 has been received from the learned Civil Judge, Family Court, Jajpur vide letter No.76 dated 27.01.2025.

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On perusal of the said letter it is revealed as follows:-

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“In pursuance of Memo No.1505, TRP (C) No.380 of 2017 of the Hon’ble High Court of Orissa, I am to submit that C.P. No.38 of 2017 was initiated by Husband-petitioner U/S 13 of Marriage Act and the progress of the case was stayed by the Hon’ble High Court of Orissa, but such stay was vacated by this Court by the application of Asian resurfacing case on 02.12.2021 and then the trial of this case was opened by allowing the petitioner to give evidence. Despite several adjournments are allowed in his favour on different dates, he intentionally did not appear in this case and thus the case was finally adjourned to 04.09.2023 giving him last chance for recording his evidence on 22.09.2023. When he did not appear on that date nor explained reasonable explanation as to why he did not appear, the case was ultimately dismissed for default on that date.”

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At this stage, Mr. Priya Ranjan Mishra, learned counsel appearing for the Petitioner furnished a memo in Court today seeking permission to withdraw this petition with liberty to file a fresh transfer petition if cause of action shall arise in future. The said memo is taken on record.

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Faced with such situation, the transfer petition, accordingly, stands disposed of as withdrawn with liberty as sought for.

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(M.S. Raman) Judge

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Suchitra

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: SUCHITRA BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Feb-2025 18:46:08

Pravasini Dutta@Behera v. Jay Jagannath Dutta

Case brief

What is this about?

What did the court decide?

Pravasini Dutta@Behera v. Jay Jagannath Dutta

Case brief

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